PRASANNA Vs. S NAGALAXMI

JUDGEMENT

(1.) This second appeal by the defendant in O. S. 114/2000 on the file of the Principal Civil Judge (Jr. Dn.) Channarayapatna, is directed against the concurrent judgments of the Courts below decreeing the suit filed by the respondents/plaintiffs and directing the appellant/defendant to deliver the vacant possession of the suit schedule property to the plaintiff.

(2.) The facts are : One Sri. C. S. Shankaranarayana Shetty was the landlord and the appellant/defendant is the tenant of the shop premises situated in B. M. Road, Channarayapatna Town. The monthly rent of the premises was initially Rs. 300/- and subsequently it was enhanced to Rs. 550/-. The shop premises was leased to the defendant for running bakery and accordingly, the defendant has been running the bakery in the name and style of Sri Lakshmi Janardhana Bakery. C. S. Shankaranarayana Shetty terminated the lease of the defendant by serving a 15 days notice on him alleging that though the lease was only for selling the bakery products, he has been using the said premises for manufacturing the bakery products. Thereafter, he filed suit for ejectment on that ground. The defendant contested the suit inter alia contending that the lease was also for manufacturing of bakery products and not for merely selling the bakery products. He further contended that since the lease was for manufacturing purpose, the termination of lease by 15 days notice is invalid in terms of Section 106 of the Transfer of Property Act (hereinafter referred to as T. P. Act), as such, the plaintiff is not entitled for the relief of possession as sought.

(3.) The trial Court in the light of the pleadings of the parties, framed the following issues :